JUDGMENT

SEN, J.:— This appeal by special leave is directed against the judgment and order of the High Court of Bombay dated 16th December 1983 declining to interfere with the judgment and order of the Maharashtra State Co-operative Appellate Court, Bombay dated 31st October, 1983. By the impugned judgment the Appellate Court upheld the judgment and order passed by the Judge, First Co-operative Court, Bombay dated 28th August, 1981 directing the appellants to vacate and hand over possession of Flat No. 16 on First Floor of Block No. 8 in the housing colony known as Shyam, Niwas, situate at Warden Road, now called Bhulabhai Desai Road, Bombay and to pay mesne profits @ Rs. 450 per month and a further amount of Rs. 42.50 towards maintenance, car parking and water charges w.e.f. 1st August, 1981.

2. The facts of the case are as follows. By an agreement in writing dated 1st January 1964, the disputant the late Smt. Devibai H. Advani, who was a tenant co-partner member, permitted the appellants, father Rajpal Bhatia, user of her Flat No. 16 for a period of 11 months as from that date on the terms and conditions stated in the said agreement. Both the parties made a joint application for a